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What Are The Schedule 2 Controlled Substance Laws?

February 1, 2021 by Law Offices of Kermit A Monge PLLC

Individuals who have been charged with Possession of a Schedule 2 Controlled Substance have already encountered the laws that define how drugs are categorized as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. This important piece of legislation established multiple drug schedules that classify controlled substances according to a variety of factors, and it is these categorizations that determine the type of penalties when someone is charged with drug possession. In order to understand why and where a substance is placed in the hierarchy of the schedule, it is necessary to understand what schedule 2 controlled substance laws are based upon.

What Is A Controlled Substance?

A controlled substance is a drug or medication, whether intended to serve a medical purpose or not, that has the potential to be misused. The use of these substances is considered to carry a substantial risk of dependence and addiction.

What Are The Schedule 2 Controlled Substance Laws Based On?

The laws governing Schedule 2 controlled substances are based upon the details of the substance and how it interacts with the human body. Also within consideration are the drug’s typical intended function and how it can cause addiction, even when used as intended by a doctor.

Substances that are highly addictive and create significant physical or psychological reactions and harm are ranked the highest, as Schedule 1 and Schedule 2. In addition, the penalties for possession of one of these substances are more severe: a felony instead of a misdemeanor, as in the case of Possession of a Schedule 3 Controlled Substance and below.

Medical Value Of Substance

One of the primary factors influencing how a drug is scheduled is the medical value that it offers. Some substances provide no benefit to any illness or treatment plan; these items may include such substances as heroin, ecstasy and LSD. Conversely, some medications that are highly effective may also be placed in Schedule 2 due to other factors such as their dependence level, even if they serve a verified medical function. Common medications such as OxyContin and morphine are included in this category.

Risk Of Addiction

If a substance presents a substantial risk of addiction, it may be added to a higher drug schedule. Addiction is typically defined, by organizations such as the American Society of Addiction Medicine, as a chronic disease incorporating the brain’s reward system, motivation and related circuitry that prompts individuals to pursue use of a substance in order to achieve a physical response. When a substance can quickly and effectively generate an addictive response in humans, it is placed into a higher schedule to reflect this behavior.

Ability To Cause Harm

Some medications may cause harm to humans, even if they were intended to treat an illness. If a controlled substance may contribute to physical or psychological harm during its use, it typically carries more stringent penalties for drug possession. Fentanyl, opium and hydromorphone, all Schedule 2 substances, are known to cause dramatic physical and psychological effects.

The Dangers Of These Substances

The purpose of drug scheduling is to identify the potential harm that a substance causes and penalize according to the danger of the substance. This is why easily addictive drugs and chemicals are ranked so highly; addiction is not just a danger in terms of its grasp on an individual’s life and sense of wellbeing, but also carries the potential to cause permanent physical injury and unhealthy psychological mechanisms. Over time, a healthy body can experience severe and potentially life-long side effects as a result of dependence upon Schedule 2 controlled substances.

High Risk For Physical And Psychological Dependence

Schedule 2 controlled substances are some of the most addictive and potentially dangerous substances, even when prescribed by a doctor. Patients undergoing treatment with any of the items included in Schedule 2 will likely be closely monitored by their healthcare provider and will not be prescribed more than the bare minimum of a substance that is required to overcome the health issue. Any signs of physical harm or psychological dependence will be addressed quickly to avoid addictive behaviors when using Schedule 2 substances during medical treatment.

Reach Out To Our Fairfax Criminal Defense Attorneys

If you have been charged with Possession of a Schedule 2 Controlled Substance and you are unsure of what to do next, one of the first steps to consider is reaching out to a skilled criminal defense attorney. A legal professional will assist you in reducing your charges as much as possible or even having your case dismissed. Get in touch with a criminal defense attorney with years of experience at The Law Offices of Kermit A. Monge. Schedule an appointment as soon as possible after your charge by calling 703.273.5500 or by requesting a consultation online.

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